Montana Code 69-3-222. Utility disclosure required — definition
69-3-222. Utility disclosure required — definition. (1) Except as provided in subsection (3), a utility shall provide the average annual energy use for a property.
Terms Used In Montana Code 69-3-222
- commission: means the public service commission provided for in 2-15-2602. See Montana Code 69-1-101
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Usage: means a reasonable and lawful public custom concerning transactions of the same nature as those which are to be affected thereby, existing at the place where the obligation is to be performed, and either known to the parties or so well established, general, and uniform that the parties must be presumed to have acted with reference thereto. See Montana Code 1-1-206
(2)Average annual energy use must:
(a)be calculated using an average of the past 12 months of usage on a property and the rates currently in effect;
(b)include the electricity, natural gas, or both used on the property based on meters used for measuring or registering utility service; and
(c)be expressed in dollars.
(3)(a) A utility may not make public or otherwise disclose personal information protected by an individual privacy interest or information of a personal nature that would constitute a clearly unwarranted invasion of personal privacy.
(b)A utility may provide the information required pursuant to subsection (1) only to a person or entity owning the property or representing the person or entity or to a person involved in a real estate-related transaction on the property.
(4)As used in 69-3-223 and this section, the following definitions apply:
(a)”Real estate-related transaction” means any of the following:
(i)the making or purchasing of loans or providing other financial assistance:
(A)for purchasing, constructing, improving, repairing, or maintaining a housing accommodation or property; or
(B)secured by real estate; or
(ii)the selling, leasing, brokering, or appraising of real property.
(b)”Utility” means any public utility regulated by the commission pursuant to Title 69, chapter 3, that provides electricity or natural gas for sale to customers.